Anderson, Clarence

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,251-01
EX PARTE CLARENCE ANDERSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 23849-A IN THE 3RD DISTRICT COURT
FROM ANDERSON COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to arson and was
sentenced to twenty-five years’ imprisonment.
Applicant contends that he was denied due process for various reasons during a parole
revocation. He alleges that he was not provided with a preliminary hearing or a mitigation hearing,
that he was not appointed counsel although he is intellectually disabled, that he did not sign the
parole contract, and that he was imprisoned and compelled to work without an order revoking his
parole.
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Applicant has alleged facts that, if true, might entitle him to relief. In these circumstances,
additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim.
App. 1960), the trial court is the appropriate forum for findings of fact. The trial court shall order
the Texas Department of Criminal Justice’s Office of the General Counsel to file an affidavit
addressing the issue of whether Applicant was provided due process in the parole revocation
proceeding.
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall first supplement the habeas record with all documents pertaining to
Applicant’s most recent parole revocation, including the notification of the offender’s rights in the
revocation process, any written waivers or requests for hearings, hearing officer’s report, and any
other relevant documents. The trial court shall make findings of fact and conclusions of law as to
whether Applicant was afforded due process in the parole revocation proceeding. The trial court
shall also make any other findings of fact and conclusions of law that it deems relevant and
appropriate to the disposition of Applicant’s claims for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time must
be requested by the trial court and shall be obtained from this Court.
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Filed: April 18, 2018
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